Used car - transmission goes out in 3 days

[Rayzur]

What is the name of your state (only U.S. law)? Mississippi

Hi,
I am wanting to know what options may be available for someone that bought a used car form a used car lot. That person was my mother and she did sign the "As Is" purchase agreement. However, she was told that nothing was wrong with the car after she asked if there were any problems.

The transmission went out within three days and the estimated repair cost is $2,000.00
The car was purchased for $3,700.00

She called the dealership back and was told > "There is nothing wrong with the car".

I had found something about a (UDAP) law at this site.
Other Laws that Cover Used Cars in Mississippi | Lemon Justice

Unfair and Deceptive Acts and Practices — Every state has an Unfair and Deceptive Acts and Practices (UDAP) law. These laws can often be used even if the used car is sold "as is," as long as the dealer is guilty of a verbal deception or a failure to disclose information about the vehicle.

I live in Texas and I am trying to find out if there is anything that can be done about this terrible situation.

Thanks in advance

 

[justalayman]

to argue there was fraud in the inducement of the contract, you would have to prove the dealer was aware of the transmission problem and lied about it.


unless you can do that, there is no chance of prevailing. Even if you can prove it, it is still difficult to prevail.

so, has the car been taken to a garage to have the trans looked at? What did the mechanic say about the trans?

Did you mother have the car inspected by a mechanic, or anybody, prior to the sale?

 

[Rayzur]

to argue there was fraud in the inducement of the contract, you would have to prove the dealer was aware of the transmission problem and lied about it.


unless you can do that, there is no chance of prevailing. Even if you can prove it, it is still difficult to prevail.

Yes, I expected that it would be a long shot. I also suspect that they were aware of the problems even though it can't be proven.

so, has the car been taken to a garage to have the trans looked at? What did the mechanic say about the trans?

The mechanic has stated that the car is not safe to drive and that the tranny needs to be replaced.

Did you mother have the car inspected by a mechanic, or anybody, prior to the sale?

Unfortunately not.

 

[justalayman]

Unless there is something that will strongly support the dealer should have known, I really think you are on the losing side of this.


I sold cars for a very short time long ago (a terrible job). The less we knew about the used cars, the better. That way a buyer had a very difficult time claiming we knew of a problem that should have been disclosed.

In situations such as this, as far as the seller is concerned: ignorance is bliss and a great defense.